Disposed¶16

Mithlesh Saw v. State of Jharkhand

Jharkhand HC16 Jan 2026A.B.A./161/2026

Case brief

AI extract

What is this about?

Mithlesh Saw v. The State of Jharkhand, A. B. A. No. 161 of 2026, High Court of Jharkhand at Ranchi, decided 16.01.2026 (Sanjay Kumar Dwivedi, J.) — anticipatory bail in Penk Narayanpur P.S. Case No. 17 of 2025 under sections 317/3(5) BNS and section 30(ii) Coal Mines Act; petitioner not claiming alleged tractor and served with notice under section 35(3) BNSS, 2023; directed to surrender within two weeks and to be released on terms, conditions and sureties; application disposed of.

What did the court decide?

Petitioner to surrender before the learned court within two weeks; upon surrender, to be released on terms and conditions and sureties as the learned court deems fit and proper. ¶16

Mithlesh Saw Vs State of Jharkhand — Jharkhand HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Petitioner to surrender before the learned court within two weeks; upon surrender, to be released on terms and conditions and sureties as the learned court deems fit and proper.

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Issue for consideration

Whether the petitioner, apprehending arrest in Penk Narayanpur P.S. Case No. 17 of 2025, should be granted the privilege of anticipatory bail.

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Court's answer

The Court's direction was issued considering that the petitioner is not claiming the alleged tractor and has received notice under section 35(3) of BNSS, 2023.

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Ratio / Principle

The petitioner is directed to surrender before the learned court.

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Key takeaways

The surrender is to be made within two weeks from the date of the order.ratio¶12
Upon surrender, the learned court shall release the petitioner on terms and conditions and sureties.ratio¶14

Detailed headnote1 paragraphs

Anticipatory bail — Jharkhand High Court (Ranchi), A. B. A. No. 161 of 2026, decided 16.01.2026 by Sanjay Kumar Dwivedi, J. Petitioner Mithlesh Saw apprehended arrest in Penk Narayanpur P.S. Case No. 17 of 2025, registered under sections 317/3(5) of BNS and section 30(ii) of Coal Mines Act, pending before the learned A.C.J.M., Bermo at Tenughat, concerning coal allegedly loaded in a Blero vehicle (three tonnes) and a tractor (five tonnes). Counsel for the petitioner submitted that the petitioner is neither the owner nor the driver of the tractor, is not claiming it, has been implicated only on suspicion, and has no criminal antecedents disclosed in para 11 of the petition; the State opposed, stating coal was being carried illegally on the two vehicles. Considering that the petitioner is not claiming the alleged tractor and has received notice under section 35(3) of BNSS, 2023, the Court directed the petitioner to surrender before the learned court within two weeks, with the learned court to release him on terms and conditions and sureties as deemed fit and proper; the anticipatory bail application was disposed of accordingly.

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 ( 2026:JHHC:1204 )

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A. B. A. No. 161 of 2026

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Mithlesh Saw, aged about 35 years, son of Badri Saw, resident of Village Banshi, P.O. Narayanpur, P.S. Penk-Narayanpur, District-Bokaro, Jharkhand

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...... … Petitioner

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Versus

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The State of Jharkhand .…. … Opposite Party -------- CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI For the Petitioner :Mr. Dilip Kr. Jaiswal, Advocate For the State : Mr. Prabir Kr. Chatterjee, Spl.P.P.

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04/ 16.01.2026 : Heard learned counsel for the petitioner and learned counsel for the State.

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The petitioner is apprehending his arrest in connection with Penk Narayanpur P.S. Case No. 17 of 2025, registered under sections 317/3(5) of BNS and section 30(ii) of Coal Mines Act, pending in the Court of learned A.C.J.M Bermo at Tenughat.

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Learned counsel for the petitioner submits that in in Blero vehicle three tonnes and in tractor five tonnes of coal was loaded. He next submits that the petitioner is neither the owner nor the driver of the said tractor and he has been implicated in this case only on the suspicion. He further submits that the petitioner is not claiming the alleged tractor. He next submits that the petitioner has got no criminal which is disclosed in para 11 of the petition. On these grounds, he submits that the petitioner may kindly be provided privilege of anticipatory bail.

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Learned counsel for the State opposes the prayer and submits that illegally coal was being carried on the two vehicles.

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In view of above and considering that petitioner is not claiming the alleged tractor and he has received notice under section 35(3) of BNSS, 2023 and in view of the matter, petitioner is directed to surrender before

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the learned court within two weeks from today and the learned court shall

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